New Zealand Case Law: Decisions & Judgments

Topic

Strikes

Legal area

Court

11 Sept 2015

NEW ZEALAND TRAMWAYS AND PUBLIC PASSENGER TRANSPORT EMPLOYEES UNION INC v MANA COACH SERVICES LIMITED [2015] NZCA 433

Citation

[2015] NZCA 433
Court

Court of Appeal

Leave to appeal dismissed because there is no arguable question of law: the earlier bad faith finding was binding for the rehearing; the Employment Court resolved the issue on factual causation that work was unavailable due to the Union's bad faith so wages were not earned; the point is also largely moot following statutory amendment and finality is required.
21 Nov 2011

NEW ZEALAND TRAMWAYS AND PUBLIC TRANSPORT EMPLOYEES UNION INCORPORATED V MANA COACH SERVICES LIMITED COA CA40/2009

Citation

openlaw-cb236d21_cec2_4c16_bb4b_78c2e4f7295e.pdf
Court

Court of Appeal

The Employment Court erred in relying on its equity and good conscience jurisdiction to deny employees wages otherwise payable under statutory and contractual rights; wage entitlements under the Wages Protection Act and ERA cannot be displaced by an exercise of the equity jurisdiction. The portion of the Employment Court decision holding Mana did not have to pay those drivers is set aside and the matter is remitted to determine whether the bad faith found can disentitle employees by some mechanism other than the equity and good conscience jurisdiction.
17 May 2010

AIR NELSON LIMITED V THE NEW ZEALAND AMALGAMATED ENGINEERING, PRINTING AND MANUFACTURING UNION INCORPORATED SC 78/2009

Citation

AIR NELSON LIMITED V THE NEW ZEALAND AMALGAMATED ENGINEERING, PRINTING AND MANUFACTURING UNION INCORPORATED SC 78/2009
Court

Supreme Court

A contextual, fact-specific inquiry is required under s 97 to determine whether a non-striking person is performing the work of a striking or locked out employee; courts must examine usual patterns, integration, extent and timing of duties to decide whether the replacement is doing their own work or that of the striker rather than applying a rigid 'but for' test; the Employment Court's approach was correct and the Court of Appeal erred in substituting its factual assessment.
19 Nov 2009

THE NEW ZEALAND AIRLINE PILOTS' ASSOCIATION INDUSTRIAL UNION OF WORKERS INCORPORATED AND ANOR V AIR NELSON LIMITED CA CA758/2008

Citation

openlaw-4cd086bb_00b8_450e_bd83_21be9cc2fc3c.pdf
Court

Court of Appeal

A strike notice that specifies the date of commencement of strike and is served at least the statutory minimum number of clear days before that commencement satisfies s 90(3)(a); however, the notice in this case was ineffective because of short service on the chief executive.
4 Dec 2008

NZ TRAMWAYS AND PUBLIC TRANSPORT EMPLOYEES UNION INC V MANA COACH SERVICES LTD CA CA667/2008

Citation

openlaw-c8154b49_1e00_44c4_84cf_8e0a0f9df7f4.pdf
Court

Court of Appeal

The Court granted leave to appeal on two discrete questions of law: (1) whether the employer was obliged to pay wages to drivers who gave notice of intention to strike but did not strike, and (2) whether the respondent lawfully engaged replacement drivers under s 97 of the Employment Relations Act 2000; no substantive determination on those issues was made at this stage.

New Zealand Case Law

NEW ZEALAND TRAMWAYS AND PUBLIC PASSENGER TRANSPORT EMPLOYEES UNION INC v MANA COACH SERVICES LIMITED [2015] NZCA 433

NEW ZEALAND TRAMWAYS AND PUBLIC TRANSPORT EMPLOYEES UNION INCORPORATED V MANA COACH SERVICES LIMITED COA CA40/2009

AIR NELSON LIMITED V THE NEW ZEALAND AMALGAMATED ENGINEERING, PRINTING AND MANUFACTURING UNION INCORPORATED SC 78/2009

THE NEW ZEALAND AIRLINE PILOTS' ASSOCIATION INDUSTRIAL UNION OF WORKERS INCORPORATED AND ANOR V AIR NELSON LIMITED CA CA758/2008

NZ TRAMWAYS AND PUBLIC TRANSPORT EMPLOYEES UNION INC V MANA COACH SERVICES LTD CA CA667/2008